You thought you were done with all of these new obligations at the Registraire des entreprises du Québec (REQ)? Well, think again. Now that we have familiarized ourselves with the concept of ultimate beneficiaries, the REQ is introducing a new requirement.

As of June 1, 2023, new businesses and those already registered with 5 to 49 employees will have the obligation to declare the proportion of them who are not able to communicate in French.

New businesses must declare this information in their registration or initial declaration. Businesses already registered must declare it in their annual declaration or by filing an updating declaration.

What does it mean to be able to communicate in French?

Being able to communicate in French at work means having the ability to perform your tasks in French. Depending on the job category of an employee and the tasks assigned to them, this ability can be assessed in the context of verbal or written exchanges with their colleagues, superiors or customers. Communicating in French implies, for example, having the ability to understand work instructions, attend meetings, follow training, write or share work documents (memos, reports, forms, etc.) and serve customers in French.

Which businesses are covered by this declaration?

As of June 1, 2023, businesses already registered and new businesses that have 5 to 49 employees will have to declare the proportion of their employees who are not able to communicate in French.

How should I declare this information if the range of employees declared in the register does not correspond to the range of employees covered by the obligation?

If the range of employees declared in the register is “From 1 to 5”, the business will have to declare the proportion of employees who are not able to communicate in French if it has 5 employees. This process will not be necessary for a business with 1 to 4 employees.

How often should I update the information?

If there is a change in the business, you must update the information declared at the REQ within 30 days following the date of this change, by producing either

– an annual declaration, if the production period is in progress; or

– an updating declaration.

Is this information public?

Yes. The proportion of employees who are not able to communicate in French is published at REQ.

Do you have questions or ideas for my next column? Contact me at 514-856-5601 or at sam@malekavocat.com.

Do your employees speak french?

Businesses with 5 to 49 employees have the obligation to declare the proportion of them who are not able to communicate in French.

Sam Tardif Malek

Malek Avocat Inc.